BILL NUMBER: SB 1554	CHAPTERED  09/29/00

	CHAPTER   836
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 22, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Committee on Business and Professions (Senators
Figueroa (Chair), Johannessen, Kelley, Murray, O'Connell, Polanco,
and Speier)

                        FEBRUARY 17, 2000

   An act to amend Sections 650.1, 803.1, 2066, 2341, 2342, 2344,
2350, 2352, 2354, 2355, 2420, 2467, 2468, 2546.9, 2561, 2946, 2960,
2962, 2995, 3502.1, 4040, 4119, 4305.5, 4331, 4404, 4980, 4980.03,
4980.43, 4980.44, 4980.50, 4980.80, 4980.90, 4984, 4986.10, 4986.20,
4986.70, 4992.1, 4996.6, 4996.17, and 4996.18 of, to amend and
renumber Section 1684 of, to add  Sections 2352.1, 2969, 4986.21,
4986.42, 4986.43, 4986.44, 4986.45, 4986.46, and 4986.47 to, and to
repeal Sections 2489 and 4986.60 of, the Business and Professions
Code, to amend Section 13401 of the Corporations Code, and to  amend
Section 12529 of the Government Code, relating to the healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1554, Committee on Business and Professions.  Healing arts.
   (1) The Medical Practice Act provides for the regulation of the
practice of podiatry by the California Board of Podiatric Medicine
and includes provisions pertaining to the conduct of the meetings of
this board.
   This bill would require the board to disclose certain information
to the public concerning its licensees.  This bill would clarify that
the president of the board may call meetings of the board and any
committee thereof and would delete provisions specifying that
subcommittee meetings are not required to be advertised.  This bill
would also delete an obsolete provision pertaining to certificates to
practice podiatric medicine by reciprocity.
   (2) The Psychology Licensing Law provides for the licensing and
regulation of licensed psychologists by the Board of Psychology.
   This bill would modify various licensing provisions.  This bill
would make permanent certain provisions now in effect only until
January 1, 2001, relating to unprofessional conduct by licensees with
respect to sexual abuse or sexual relations with patients or former
patients.  This bill would provide civil and criminal penalties with
respect to licensees and health care facilities who fail or refuse to
comply with a request for medical records of a patient.  The bill
would thereby impose a state-mandated local program by creating new
crimes.  This bill would make various other related changes.
   (3) The Pharmacy Law provides for, among other matters, the
licensing and regulation by the California State Board of Pharmacy of
the conduct of pharmacies, wholesalers, medical device retailers,
and veterinary food-animal drug retailers, as defined.  Existing law
provides for the summary suspension or revocation of a license to
conduct a pharmacy if a person who is licensed to conduct a
wholesaler, medical device retailer, or veterinary food-animal
retailer willfully fails to notify the board of the termination of
employment of a pharmacist or exempt person and continues to operate
that location in the absence of a pharmacist or exempt person, as
specified.
   This bill would provide in these circumstances for the summary
suspension or revocation of the license to conduct a wholesaler,
medical device retailer, or veterinary food-animal drug retailer.
   (4) The Pharmacy Law makes it a crime for a person, by himself or
herself, or through others, to permit the dispensing of prescriptions
except by a pharmacist or any person or entity exempt under that
law.
   This bill would revise these provisions to make it a crime for
those persons to permit the furnishing of dangerous drugs or devices,
as defined, except by a pharmacist or an exempt person or entity.
By expanding the scope of an existing crime, this bill would impose a
state-mandated local program.
   (5) This bill would make various other technical and clarifying
changes.
   (6) This bill would incorporate changes in Section 2960 of the
Business and Professions Code proposed by AB 1144, to become
operative only if that bill is enacted, as specified, and becomes
effective on or before January 1, 2001, and this bill is enacted
last.
   This bill would incorporate additional changes in Section 4331 of
the Business and Professions Code proposed by AB 1791, to become
operative only if that bill is enacted, as specified, and becomes
effective on or before January 1, 2001, and this bill is enacted
last.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 650.1 of the Business and Professions Code is
amended to read:
   650.1.  (a) Any amount payable to any hospital, as defined in
Section 4028, or any person or corporation prohibited from pharmacy
permit ownership by subdivision (a) of Section 4111 under any rental,
lease or service arrangement with respect to the furnishing or
supply of pharmaceutical services and products, which is determined
as a percentage, fraction, or portion of (1) the charges to patients
or of (2) any measure of hospital or pharmacy revenue or cost, for
pharmaceuticals and pharmaceutical services is prohibited.
   (b) Any lease or rental arrangement existing on the effective date
of this section shall be in full compliance with subdivision (a) by
January 1, 1986.
   (c) Any lease or rental agreement entered into prior to January 1,
1980, that extends beyond the effective date of this section shall
be construed to be in compliance with this section until its
expiration or the expiration of any option which is contained in any
such lease or rental agreement provided that the lease or rental
agreement contains provisions which limit pharmacy charges to the
amounts not in excess of the prevailing charges in similar hospitals
in the general geographic area.
   (d) The California State Board of Pharmacy, the Medical Board of
California, and the State Department of Health Services shall enforce
this section and may require information from any person as is
necessary for the enforcement of this section.  It shall be the duty
of the licensees of the respective regulatory agencies to produce the
requisite evidence to show compliance with this section.  Violations
of this section shall be deemed to be the mutual responsibility of
both lessee and lessor, and shall be grounds for disciplinary action
or other sanctions against both.
  SEC. 2.  Section 803.1 of the Business and Professions Code is
amended to read:
   803.1.  (a) Notwithstanding any other provision of law, the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public information regarding the status of the license
of a licensee and any enforcement actions taken against a licensee
by either board or by another state or jurisdiction, including, but
not limited to, all of the following:
   (1) Temporary restraining orders issued.
   (2) Interim suspension orders issued.
   (3) Limitations on practice ordered by the board.
   (4) Public letters of reprimand issued.
   (5) Infractions, citations, or fines imposed.
   (b) Notwithstanding any other provision of law, the Medical Board
of California and the California Board of Podiatric Medicine shall
disclose to an inquiring member of the public information regarding
the status of the license of a licensee, any malpractice judgments,
any arbitration awards, or any summaries of hospital disciplinary
actions that result in the termination or revocation of a licensee's
staff privileges for a medical disciplinary cause or reason, and any
enforcement actions taken against a licensee by the board or by
another state or jurisdiction, including, but not limited to, any of
the actions described in paragraphs (1) to (5), inclusive, of
subdivision (a).
   (c) The Medical Board of California and the California Board of
Podiatric Medicine may formulate appropriate disclaimers or
explanatory statements to be included with any information released,
and may, by regulation, establish categories of information that need
not be disclosed to the public because that information is
unreliable or not sufficiently related to the licensee's professional
practice.
  SEC. 3.  Section 1684 of the Business and Professions Code, as
added by Chapter 655 of the Statutes of 1999, is amended and
renumbered to read:
   1684.1.  (a) (1) A licensee who fails or refuses to comply with a
request for the dental records of a patient, that is accompanied by
that patient's written authorization for release of record to the
board, within 15 days of receiving the request and authorization,
shall pay to the board a civil penalty of two hundred fifty dollars
($250) per day for each day that the documents have not been produced
after the 15th day, up to a maximum of five thousand dollars
($5,000) unless the licensee is unable to provide the documents
within this time period for good cause.
   (2) A health care facility shall comply with a request for the
dental records of a patient that is accompanied by that patient's
written authorization for release of records to the board together
with a notice citing this section and describing the penalties for
failure to comply with this section.  Failure to provide the
authorizing patient's dental records to the board within 30 days of
receiving this request, authorization, and notice shall subject the
health care facility to a civil penalty, payable to the board, of up
to two hundred fifty dollars ($250) per day for each day that the
documents have not been produced after the 30th day, up to a maximum
of five thousand dollars ($5,000), unless the health care facility is
unable to provide the documents within this time period for good
cause.  This paragraph shall not require health care facilities to
assist the board in obtaining the patient's authorization.  The board
shall pay the reasonable cost of copying the dental records.
   (b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, unless it is determined that
the order is unlawful or invalid.  Any statute of limitations
applicable to the filing of an accusation by the board shall be
tolled during the period the licensee is out of compliance with the
court order and during any related appeals.
   (2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000).  The fine shall be added to the licensee's renewal fee if
it is not paid by the next succeeding renewal date.  Any statute of
limitations applicable to the filing of an accusation by the board
shall be tolled during the period the licensee is out of compliance
with the court order and during any related appeals.
   (3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid.  Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
   (4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board is guilty of a misdemeanor
punishable by a fine payable to the board not to exceed five thousand
dollars ($5,000).  Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
   (c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment.  Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Health Services and
shall be considered as grounds for disciplinary action with respect
to licensure, including suspension or revocation of the license or
certificate.
   (d) A failure or refusal to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to
the board constitutes unprofessional conduct and is grounds for
suspension or revocation of his or her license.
   (e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code).
   (f) For the purposes of this section, a "health care facility"
means a clinic or health care facility licensed or exempt from
licensure pursuant to Division 2 (commencing with Section 1200) of
the Health and Safety Code.
  SEC. 4.  Section 2066 of the Business and Professions Code is
amended to read:
   2066.  (a) Nothing in this chapter shall be construed to prohibit
a foreign medical graduate from engaging in the practice of medicine
whenever and wherever required as a part of a clinical service
program under the following conditions:
   (1) The clinical service is in a postgraduate training program
approved by the Division of Licensing.
   (2) The graduate is registered with the division for the clinical
service.
   (b) A graduate may engage in the practice of medicine under this
section until the receipt of his or her physician and surgeon's
certificate.  If the graduate fails to pass the examination and
receive a certificate by the completion of the graduate's third year
of postgraduate training, all privileges and exemptions under this
section shall automatically cease.
   (c) Nothing in this section shall preclude a foreign medical
graduate from engaging in the practice of medicine under any other
exemption contained in this chapter.
  SEC. 5.  Section 2341 of the Business and Professions Code is
amended to read:
   2341.  As used in this article:
   (a) "Division" means the Division of Medical Quality of the
Medical Board of California.
   (b) "Committee" means a diversion evaluation committee created by
this article.
   (c) "Program manager" means the staff manager of the diversion
program or his or her designee.
  SEC. 6.  Section 2342 of the Business and Professions Code is
amended to read:
   2342.  One or more diversion evaluation committees is hereby
created in the state to be established by the division.  Each
committee shall be composed of five persons appointed by the
division.
   Each committee shall have the following composition:
   (a) Three physicians and surgeons licensed under this chapter.
The division in making its appointments shall give consideration to
recommendations of medical associations and local medical societies
and shall consider, among others, where appropriate, the appointment
of physicians and surgeons who have recovered from impairment or who
specialize in psychiatry or who have knowledge and expertise in the
management of impairment.
   (b) Two members not licensed as a physician and surgeon.
   Each person appointed to a committee shall have experience or
knowledge in the evaluation or management of persons who are impaired
due to alcohol or drug abuse, or due to physical or mental illness.

   It shall require the affirmative vote of four members of the
division to appoint a person to a committee.  Each appointment shall
be at the pleasure of the division for a term not to exceed four
years.  In its discretion the division may stagger the terms of the
initial members appointed.
  SEC. 7.  Section 2344 of the Business and Professions Code is
amended to read:
   2344.  A committee created under this article operates in an
advisory role to the program manager.  Three members of a committee,
at least one of whom shall be a public member with expertise or
experience with the treatment of substance abuse and addiction, shall
constitute a quorum for the transaction of business at any meeting.
Any recommendation requires the majority vote of the committee.
  SEC. 8.  Section 2350 of the Business and Professions Code is
amended to read:
   2350.  (a) The division shall establish criteria for the
acceptance, denial, or termination of physicians and surgeons in a
diversion program.  Only those physicians and surgeons who have
voluntarily requested diversion treatment and supervision by a
committee shall participate in a program.
   (b) A physician and surgeon under current investigation by the
division may request entry into the diversion program by contacting
the Chief or Deputy Chief of Enforcement of the Medical Board of
California.  The Chief or Deputy Chief of Enforcement of the Medical
Board of California shall refer the physician and surgeon who
requests participation in the diversion program to a committee for
evaluation of eligibility, even if the physician and surgeon is
currently under investigation by the division, as long as the
investigation is based primarily on the self-administration of drugs
or alcohol under Section 2239, or the illegal possession,
prescription, or nonviolent procurement of drugs for
self-administration, and does not involve actual harm to the public
or his or her patients.  Prior to referring a physician and surgeon
to the diversion program, the division may require any physician and
surgeon who requests participation under those circumstances, or
where there are other violations, to execute a statement of
understanding wherein the physician and surgeon agrees that
violations of this chapter, or other statutes that would otherwise be
the basis for discipline, may nevertheless be prosecuted should the
physician and surgeon be terminated from the program for failure to
comply with program requirements.
   (c) Neither acceptance into nor participation in the diversion
program shall preclude the division from investigating or continuing
to investigate any physician and surgeon for any unprofessional
conduct committed before, during, or after participation in the
diversion program.
   (d) Neither acceptance into nor participation in the diversion
program shall preclude the division from taking disciplinary action
or continuing to take disciplinary action against any physician and
surgeon for any unprofessional conduct committed before, during, or
after participation in the diversion program, except for that conduct
which resulted in the physician and surgeon's referral to the
diversion program.
   (e) Any physician and surgeon terminated from the diversion
program for failure to comply with program requirements is subject to
disciplinary action by the division for acts committed before,
during, and after participation in the diversion program.  The
division shall not be precluded from taking disciplinary action for
violations identified in the statement of understanding described in
subdivision (b) if a physician and surgeon is terminated from the
diversion program for failure to comply with program requirements.
The termination of a physician and surgeon who has been referred to
the diversion program pursuant to subdivision (b) shall be reported
by the program manager to the division.
   (f) Nothing in this section shall preclude a physician and surgeon
who is not the subject of a current investigation from
self-referring to the diversion program on a confidential basis.
Subdivision (b) shall not apply to a physician and surgeon who
applies for the diversion program in accordance with this
subdivision.
   (g) Any physician and surgeon who successfully completes the
diversion program shall not be subject to any disciplinary actions by
the board for any alleged violation that resulted in referral to the
diversion program.  Successful completion shall be determined by the
program manager but shall include, at a minimum, three years during
which the physician and surgeon has remained free from the use of
drugs or alcohol and adopted a lifestyle to maintain a state of
sobriety.
   (h) The division shall establish criteria for the selection of
administrative physicians and surgeons who shall examine physicians
and surgeons requesting diversion under a program.  Any reports made
under this article by the administrative physician and surgeon shall
constitute an exception to Section 2263 and to Sections 994 and 995
of the Evidence Code.
   (i) The division shall require biannual reports from each
committee which shall include, but not be limited to, information
concerning the number of cases accepted, denied, or terminated with
compliance or noncompliance, and a cost analysis of the program.  The
Bureau of Medical Statistics may assist the committees in the
preparation of the reports.
   (j) Each physician and surgeon shall sign an agreement that
diversion records may be used in disciplinary or criminal proceedings
if the physician and surgeon is terminated from the diversion
program and one of the following conditions exists:
   (1) His or her participation in the diversion program is a
condition of probation.
   (2) He or she has disciplinary action pending or was under
investigation at the time of entering the diversion program.
   (3) A diversion evaluation committee determines that he or she
presents a threat to the public health or safety.
   This agreement shall also authorize the diversion program to
exchange information about the physician and surgeon's recovery with
a hospital well-being committee or monitor and with the board's
licensing program, where appropriate, and to acknowledge, with the
physician and surgeon's approval, that he or she is participating in
the diversion program.  Nothing in this section shall be construed to
allow release of alcohol or drug treatment records in violation of
federal or state law.
  SEC. 9.  Section 2352 of the Business and Professions Code is
amended to read:
   2352.  Each committee shall have the following duties and
responsibilities:
   (a) To evaluate those physicians and surgeons who request
participation in the program according to the guidelines prescribed
by the division and to make recommendations to the program manager.
   (b) To review those treatment facilities to which physicians and
surgeons in a diversion program may be referred and make
recommendations to the program manager.
   (c) To receive and review information concerning a physician and
surgeon participating in the program.
   (d) To call meetings as necessary to consider the requests of
physicians and surgeons to participate in a diversion program, and to
consider reports regarding physicians and surgeons participating in
a program from an administrative physician and surgeon, from a
physician and surgeon, or from others.
   (e) To consider in the case of each physician and surgeon
participating in a program whether he or she may with safety continue
or resume the practice of medicine and make recommendations to the
program manager.
   (f) To make recommendations to the program manager regarding the
terms and conditions of the diversion agreement for each physician
and surgeon participating in the program, including treatment,
supervision, and monitoring requirements.
  SEC. 10.  Section 2352.1 is added to the Business and Professions
Code, to read:
   2352.1.  The program shall provide information to the division as
it may prescribe to assist it in evaluating the program, directing
the program's operation, or proposing changes to the program.  The
division shall hold a meeting open to the public, at least annually,
for the purpose of reviewing the required data and evaluating the
program's operation.
  SEC. 11.  Section 2354 of the Business and Professions Code is
amended to read:
   2354.  Each physician and surgeon who requests participation in a
diversion program shall agree to cooperate with the treatment and
monitoring program designated by the program manager.  Any failure to
complete  successfully a treatment and monitoring program may result
in the filing of an accusation for discipline which may include any
acts giving rise to the original diversion.
  SEC. 12.  Section 2355 of the Business and Professions Code is
amended to read:
   2355.  (a) After the program manager has determined that a
physician and surgeon has been rehabilitated and the diversion
program is completed, the program manager shall purge and destroy all
treatment records pertaining to the physician's and surgeon's
participation in a diversion program, except as otherwise provided in
this section.  Notwithstanding Section 156.1, the board shall retain
any other information and records that it specifies by regulation.
   (b) Except as otherwise provided by Section 2350, all board and
committee records and records of proceedings pertaining to the
treatment of a physician and surgeon in a program shall be kept
confidential and are not subject to discovery or subpoena.
  SEC. 13.  Section 2420 of the Business and Professions Code is
amended to read:
   2420.  The provisions of this article apply to, determine the
expiration of, and govern the renewal of, each of the following
certificates, licenses, registrations, and permits issued by or under
the Medical Board of California:  physician's and surgeon's
certificates, certificates to practice podiatric medicine, physical
therapy licenses and approvals, registrations of research
psychoanalysts, registrations of dispensing opticians, registrations
of nonresident contact lens sellers, registrations of spectacle lens
dispensers, registrations of contact lens dispensers, certificates of
drugless practitioners, certificates to practice midwifery, and
fictitious-name permits.
  SEC. 14.  Section 2467 of the Business and Professions Code is
amended to read:
   2467.  (a) The board may convene from time to time as it deems
necessary.
   (b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
   (d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board.  The president may
call meetings of the board and any duly appointed committee at a
specified time and place.
  SEC. 15.  Section 2468 of the Business and Professions Code is
amended to read:
   2468.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
  SEC. 16.  Section 2489 of the Business and Professions Code is
repealed.
  SEC. 17.  Section 2546.9 of the Business and Professions Code is
amended to read:
   2546.9.  The amount of fees prescribed in connection with the
registration of nonresident contact lens sellers is that established
by the following schedule:
   (a) The initial registration fee shall be one hundred dollars
($100).
   (b) The renewal fee shall be one hundred dollars ($100).
   (c) The delinquency fee shall be twenty-five dollars ($25).
   (d) The fee for replacement of a lost, stolen, or destroyed
registration shall be twenty-five dollars ($25).
   (e) The fees collected pursuant to this chapter shall be deposited
in the Dispensing Opticians Fund, and shall be available, upon
appropriation, to the Medical Board of California for the purposes of
this chapter.
  SEC. 18.  Section 2561 of the Business and Professions Code is
amended to read:
   2561.  An individual shall apply for registration as a registered
contact lens dispenser on forms prescribed by the division.  The
division shall register an individual as a registered contact lens
dispenser upon satisfactory proof that the individual has passed the
contact lens registry examination of the National Committee of
Contact Lens Examiners or any successor agency to that committee.  In
the event the division should ever find after hearing that the
registry examination is not appropriate to determine entry level
competence as a contact lens dispenser or is not designed to measure
specific job performance requirements, the division may thereafter
from time to time prescribe or administer a written examination that
meets those specifications.  If an applicant for renewal has not
engaged in the full-time or substantial part-time practice of fitting
and adjusting contact lenses within the last five years then the
division may require the applicant to take and pass the examination
referred to in this section as a condition of registration.  Any
examination administered by the division shall be given at least
twice each year on dates publicly announced at least 90 days before
the examination dates.  The division is authorized to contract with
the National Committee of Contact Lens Examiners or any successor
agency to that committee to provide that the registry examination is
given at least twice each year on dates publicly announced at least
90 days before the examination dates.
   The division may deny registration where there are grounds for
denial under the provisions of Division 1.5 (commencing with Section
475).
   The division shall issue a certificate to each qualified
individual stating that the individual is a registered contact lens
dispenser.
   A registered contact lens dispenser may use that designation, but
shall not hold himself or herself out in advertisements or otherwise
as a specialist in fitting and adjusting contact lenses.
  SEC. 19.  Section 2946 of the Business and Professions Code is
amended to read:
   2946.  The board shall grant a license to any person who passes
the California Jurisprudence and Professional Ethics Examination and,
at the time of application, has been licensed for at least five
years by a psychology licensing authority in another state or
Canadian province if the requirements for obtaining a certificate or
license in that state or province were substantially equivalent to
the requirements of this chapter.
   A psychologist certified or licensed in another state or province
and who has made application to the board for a license in this state
may perform activities and services of a psychological nature
without a valid license                                           for
a period not to exceed 180 calendar days from the time of submitting
his or her application or from the commencement of residency in this
state, whichever first occurs.
   The board at its discretion may waive those parts of the
examination, including either the whole of the written or the oral
examinations, when in the judgment of the board the applicant has
already demonstrated competence in areas covered by those parts of
the examination.  The board at its discretion may waive the
examination for diplomates of the American Board of Professional
Psychology.
  SEC. 20.  Section 2960 of the Business and Professions Code is
amended to read:
   2960.  The board may refuse to issue any registration or license,
or may issue a registration or license with terms and conditions, or
may suspend or revoke the registration or license of any registrant
or licensee if the applicant, registrant, or licensee has been guilty
of unprofessional conduct.  Unprofessional conduct shall include,
but not be limited to:
   (a) Conviction of a crime substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant.
   (b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this use impairs his or her ability to perform the
work of a psychologist with safety to the public.
   (c) Fraudulently or neglectfully misrepresenting the type or
status of license or registration actually held.
   (d) Impersonating another person holding a psychology license or
allowing another person to use his or her license or registration.
   (e) Using fraud or deception in applying for a license or
registration or in passing the examination provided for in this
chapter.
   (f) Paying, or offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether monetary or
otherwise, for the referral of clients.
   (g) Violating Section 17500.
   (h) Willful, unauthorized communication of information received in
professional confidence.
   (i) Violating any rule of professional conduct promulgated by the
board and set forth in regulations duly adopted under this chapter.
   (j) Being grossly negligent in the practice of his or her
profession.
   (k) Violating any of the provisions of this chapter or regulations
duly adopted thereunder.
   (l) The aiding or abetting of any person to engage in the unlawful
practice of psychology.
   (m) The suspension, revocation or imposition of probationary
conditions by another state or country of a license or certificate to
practice psychology or as a psychological assistant issued by that
state or country to a person also holding a license or registration
issued under this chapter if the act for which the disciplinary
action was taken constitutes a violation of this section.
   (n) The commission of any dishonest, corrupt, or fraudulent act.
   (o) Any act of sexual abuse, or sexual relations with a patient or
former patient within two years following termination of therapy, or
sexual misconduct that is substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant or registered psychologist.
   (p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
   (q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
   (r) Repeated acts of negligence.
  SEC. 20.5.  Section 2960 of the Business and Professions Code is
amended to read:
   2960.  The board may refuse to issue any registration or license,
or may issue a registration or license with terms and conditions, or
may suspend or revoke the registration or license of any registrant
or licensee if the applicant, registrant, or licensee has been guilty
of unprofessional conduct.  Unprofessional conduct shall include,
but not be limited to:
   (a) Conviction of a crime substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant.
   (b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this use impairs his or her ability to perform the
work of a psychologist with safety to the public.
   (c) Fraudulently or neglectfully misrepresenting the type or
status of license or registration actually held.
   (d) Impersonating another person holding a psychology license or
allowing another person to use his or her license or registration.
   (e) Using fraud or deception in applying for a license or
registration or in passing the examination provided for in this
chapter.
   (f) Paying, or offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether monetary or
otherwise, for the referral of clients.
   (g) Violating Section 17500.
   (h) Willful, unauthorized communication of information received in
professional confidence.
   (i) Violating any rule of professional conduct promulgated by the
board and set forth in regulations duly adopted under this chapter.
   (j) Being grossly negligent in the practice of his or her
profession.
   (k) Violating any of the provisions of this chapter or regulations
duly adopted thereunder.
   (l) The aiding or abetting of any person to engage in the unlawful
practice of psychology.
   (m) The suspension, revocation or imposition of probationary
conditions by another state or country of a license or certificate to
practice psychology or as a psychological assistant issued by that
state or country to a person also holding a license or registration
issued under this chapter if the act for which the disciplinary
action was taken constitutes a violation of this section.
   (n) The commission of any dishonest, corrupt, or fraudulent act.
   (o) Any act of sexual abuse, or sexual relations with a patient or
former patient within two years following termination of therapy, or
sexual misconduct that is substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant or registered psychologist.
   (p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
   (q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
   (r) Repeated acts of negligence.
   (s) Violating Section 2952.
  SEC. 21.  Section 2962 of the Business and Professions Code is
amended to read:
   2962.  (a) A person whose license or registration has been
revoked, suspended, or surrendered, or who has been placed on
probation, may petition the board for reinstatement or modification
of the penalty, including modification or termination of probation,
after a period of not less than the following minimum periods has
elapsed from the effective date of the decision ordering that
disciplinary action:
   (1) At least three years for reinstatement of a license revoked or
surrendered.
   (2) At least two years for early termination of probation of three
years or more.
   (3) At least two years for modification of a condition of
probation.
   (4) At least one year for early termination of probation of less
than three years.
   (b) The board may require an examination for that reinstatement.
   (c) Notwithstanding Section 489, a person whose application for a
license or registration has been denied by the board, for violations
of Division 1.5 (commencing with Section 475) of this chapter, may
reapply to the board for a license or registration only after a
period of three years has elapsed from the date of the denial.
  SEC. 22.  Section 2969 is added to the Business and Professions
Code, to read:
   2969.  (a) (1) A licensee who fails or refuses to comply with a
request for the medical records of a patient, that is accompanied by
that patient's written authorization for release of records to the
board, within 15 days of receiving the request and authorization,
shall pay to the board a civil penalty of one thousand dollars
($1,000) per day for each day that the documents have not been
produced after the 15th day, unless the licensee is unable to provide
the documents within this time period for good cause.
   (2) A health care facility shall comply with a request for the
medical records of a patient that is accompanied by that patient's
written authorization for release of records to the board together
with a notice citing this section and describing the penalties for
failure to comply with this section.  Failure to provide the
authorizing patient's medical records to the board within 30 days of
receiving the request, authorization, and notice shall subject the
health care facility to a civil penalty, payable to the board, of up
to one thousand dollars ($1,000) per day for each day that the
documents have not been produced after the 30th day, up to ten
thousand dollars ($10,000), unless the health care facility is unable
to provide the documents within this time period for good cause.
This paragraph shall not require health care facilities to assist the
board in obtaining the patient's authorization.  The board shall pay
the reasonable costs of copying the medical records.
   (b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, unless it is determined that
the order is unlawful or invalid.  Any statute of limitations
applicable to the filing of an accusation by the board shall be
tolled during the period the licensee is out of compliance with the
court order and during any related appeals.
   (2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board, shall be subject to a civil penalty,
payable to the board, of not to exceed five thousand dollars
($5,000).  The amount of the penalty shall be added to the licensee's
renewal fee if it is not paid by the next succeeding renewal date.
Any statute of limitations applicable to the filing of an accusation
by the board shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
   (3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid.  Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
   (4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board, shall be subject to a civil
penalty, payable to the board, of not to exceed five thousand dollars
($5,000).  Any statute of limitations applicable to the filing of an
accusation by the board against a licensee shall be tolled during
the period the health care facility is out of compliance with the
court order and during any related appeals.
   (c) Multiple acts by a licensee in violation of subdivision (b)
shall be a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
Multiple acts by a health care facility in violation of subdivision
(b) shall be a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) and shall be reported to the State
Department of Health Services and shall be considered as grounds for
disciplinary action with respect to licensure, including suspension
or revocation of the license or certificate.
   (d) A failure or refusal of a licensee to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board constitutes unprofessional conduct and is
grounds for suspension or revocation of his or her license.
   (e) The imposition of the civil penalties authorized by this
section shall be in accordance with the Administrative Procedure Act
(Chapter 5 (commencing with Section 11500) of Division 3 of Title 2
of the Government Code.
   (f) For purposes of this section, "health care facility" means a
clinic or health facility licensed or exempt from licensure pursuant
to Division 2 (commencing with Section 1200) of the Health and Safety
Code.
  SEC. 23.  Section 2995 of the Business and Professions Code is
amended to read:
   2995.  A psychological corporation is a corporation that is
authorized to render professional services, as defined in Section
13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors and employees rendering
professional services who are psychologists, podiatrists, registered
nurses, optometrists, marriage and and family therapists, licensed
clinical social workers, chiropractors, acupuncturists, or physicians
are in compliance with the Moscone-Knox Professional Corporation
Act, this article, and all other statutes and regulations now or
hereafter enacted or adopted pertaining to that corporation and the
conduct of its affairs.
  SEC. 23.5.  Section 3502.1 of the Business and Professions Code is
amended to read:
   3502.1.  (a) In addition to the services authorized in the
regulations adopted by the board, and except as prohibited by Section
3502, while under the supervision of a licensed physician and
surgeon or physicians and surgeons authorized by law to supervise a
physician assistant, a physician assistant may administer or provide
medication to a patient, or transmit orally, or in writing on a
patient's record or in a drug order, an order to a person who may
lawfully furnish the medication or medical device pursuant to
subdivisions (c) and (d).
   (1) A supervising physician and surgeon who delegates authority to
issue a drug order to a physician assistant may limit this authority
by specifying the manner in which the physician assistant may issue
delegated prescriptions.
   (2) Each supervising physician and surgeon who delegates the
authority to issue a drug order to a physician assistant shall first
prepare and adopt, or adopt, a written, practice specific, formulary
and protocols that specify all criteria for the use of a particular
drug or device, and any contraindications for the selection.  The
drugs listed shall constitute the formulary and shall include only
drugs that are appropriate for use in the type of practice engaged in
by the supervising physician and surgeon.  When issuing a drug
order, the physician assistant is acting on behalf of and as an agent
for a supervising physician and surgeon.
   (b) "Drug order" for purposes of this section means an order for
medication which is dispensed to or for a patient, issued and signed
by a physician assistant acting as an individual practitioner within
the meaning of Section 1306.02 of Title 21 of the Code of Federal
Regulations.  Notwithstanding any other provision of law, (1) a drug
order issued pursuant to this section shall be treated in the same
manner as a prescription or order of the supervising physician, (2)
all references to "prescription" in this code and the Health and
Safety Code shall include drug orders issued by physician assistants
pursuant to authority granted by their supervising physicians, and
(3) the signature of a physician assistant on a drug order shall be
deemed to be the signature of a prescriber for purposes of this code
and the Health and Safety Code.
   (c) A drug order for any patient cared for by the physician
assistant that is issued by the physician assistant shall either be
based on the protocols described in subdivision (a) or shall be
approved by the supervising physician before it is filled or carried
out.
   (1) A physician assistant shall not administer or provide a drug
or issue a drug order for a drug other than for a drug listed in the
formulary without advance approval from a supervising physician and
surgeon for the particular patient.  At the direction and under the
supervision of a physician and surgeon, a physician assistant may
hand to a patient of the supervising physician and surgeon a properly
labeled prescription drug prepackaged by a physician and surgeon,
manufacturer as defined in the Pharmacy Law, or a pharmacist.
   (2) A physician assistant may not administer, provide or issue a
drug order for Schedule II through Schedule V controlled substances
without advance approval by a supervising physician and surgeon for
the particular patient.
   (3) Any drug order issued by a physician assistant shall be
subject to a reasonable quantitative limitation consistent with
customary medical practice in the supervising physician and surgeon's
practice.
   (d) A written drug order issued pursuant to subdivision (a),
except a written drug order in a patient's medical record in a health
facility or medical practice, shall contain the printed name,
address, and phone number of the supervising physician and surgeon,
the printed or stamped name and license number of the physician
assistant, and the signature of the physician assistant.  Further, a
written drug order for a controlled substance, except a written drug
order in a patient's medical record in a health facility or a medical
practice, shall include the federal controlled substances
registration number of the physician assistant.  The requirements of
this subdivision may be met through stamping or otherwise imprinting
on the supervising physician and surgeon's prescription blank to show
the name, license number, and if applicable, the federal controlled
substances number of the physician assistant, and shall be signed by
the physician assistant.  When using a drug order, the physician
assistant is acting on behalf of and as the agent of a supervising
physician and surgeon.
   (e) The medical record of any patient cared for by a physician
assistant for whom the supervising physician and surgeon's drug order
has been issued or carried out shall be reviewed and countersigned
and dated by a supervising physician and surgeon within seven days.
   (f) All physician assistants who are authorized by their
supervising physicians to issue drug orders for controlled substances
shall register with the United States Drug Enforcement
Administration (DEA).
  SEC. 23.7.  Section 4040 of the Business and Professions Code is
amended to read:
   4040.  (a) "Prescription" means an oral, written, or electronic
transmission order that is both of the following:
   (1) Given individually for the person or persons for whom ordered
that includes all of the following:
   (A) The name or names and address of the patient or patients.
   (B) The name and quantity of the drug or device prescribed and the
directions for use.
   (C) The date of issue.
   (D) Either rubber stamped, typed, or printed by hand or typeset,
the name, address, and telephone number of the prescriber, his or her
license classification, and his or her federal registry number, if a
controlled substance is prescribed.
   (E) A legible, clear notice of the condition for which the drug is
being prescribed, if requested by the patient or patients.
   (F) If in writing, signed by the prescriber issuing the order, or
the physician assistant or nurse practitioner who issues a drug order
pursuant to Section 3502.1 or 2836.1.
   (2) Issued by a physician, dentist, optometrist, podiatrist, or
veterinarian, or, if a drug order is issued pursuant to Section
3502.1 or 2836.1, by a physician assistant or nurse practitioner
licensed in this state.
   (b) Notwithstanding subdivision (a), a written order of the
prescriber for a dangerous drug, except for any Schedule II
controlled substance, that contains at least the name and signature
of the prescriber, the name or names and address of the patient or
patients in a manner consistent with paragraph (3) of subdivision (b)
of Section 11164 of the Health and Safety Code, the name and
quantity of the drug prescribed, directions for use, and the date of
issue may be treated as a prescription by the dispensing pharmacist
as long as any additional information required by subdivision (a) is
readily retrievable in the pharmacy.  In the event of a conflict
between this subdivision and Section 11164 of the Health and Safety
Code, Section 11164 of the Health and Safety Code shall prevail.
   (c) "Electronic transmission prescription" includes both image and
data prescriptions.  "Electronic image transmission prescription"
means any prescription order for which a facsimile of the order is
received by a pharmacy from a licensed prescriber.  "Electronic data
transmission prescription" means any prescription order, other than
an electronic image transmission prescription, that is electronically
transmitted from a licensed prescriber to a pharmacy.
   (d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
   (e) Nothing in the amendments made to this section (formerly
Section 4036) at the 1969 Regular Session of the Legislature shall be
construed as expanding or limiting the right that a chiropractor,
while acting within the scope of his or her license, may have to
prescribe a device.
  SEC. 24.  Section 4119 of the Business and Professions Code is
amended to read:
   4119.  (a) Notwithstanding any other provision of law, a pharmacy
may furnish a dangerous drug or dangerous device to a licensed health
care facility for storage in a secured emergency pharmaceutical
supplies container maintained within the facility in accordance with
facility regulations of the State Department of Health Services set
forth in Title 22 of the California Code of Regulations and the
requirements set forth in Section 1261.5 of the Health and Safety
Code.  These emergency supplies shall be approved by the facility's
patient care policy committee or pharmaceutical service committee and
shall be readily available to each nursing station.  Section 1261.5
of the Health and Safety Code limits the number of oral dosage form
or suppository form drugs in these emergency supplies to 24.
   (b) Notwithstanding any other provision of law, a pharmacy may
furnish a dangerous drug or a dangerous device to an approved service
provider within an emergency medical services system for storage in
a secured emergency pharmaceutical supplies container, in accordance
with the policies and procedures of the local emergency medical
services agency, if all of the  following are met:
   (1) The dangerous drug or dangerous device is furnished
exclusively for  use in conjunction with services provided in an
ambulance, or other approved emergency medical services service
provider, that provides prehospital emergency medical services.
   (2) The requested dangerous drug or dangerous device is within the
  licensed or certified emergency medical technician's scope of
practice as established by the Emergency Medical Services Authority
and set forth in Title 22 of the California Code of Regulations.
   (3) The approved service provider within an emergency medical
services system provides a written request that specifies the name
and quantity of dangerous drugs or dangerous devices.
   (4) The approved emergency medical services provider administers
dangerous drugs and dangerous devices in accordance with the policies
and procedures of the local emergency medical services agency.
   (5) The approved emergency medical services provider documents,
stores, and restocks dangerous drugs and dangerous devices in
accordance with the policies and procedures of the local emergency
medical services agency.
   Records of each request by, and dangerous drugs or dangerous
devices  furnished to, an approved service provider within an
emergency medical services system, shall be maintained by both the
approved service provider and the dispensing pharmacy for a period of
at least three years.
   The furnishing of controlled substances to an approved emergency
medical services provider shall be in accordance with the California
Uniform Controlled Substances Act.
  SEC. 25.  Section 4305.5 of the Business and Professions Code is
amended to read:
   4305.5.  (a) Any person who has obtained a license to conduct a
wholesaler, medical device retailer, or veterinary food-animal drug
retailer, shall notify the board within 30 days of the termination of
employment of any pharmacist or exemptee who takes charge of, or
acts as manager of, the licensee.  Failure to notify the board within
the 30-day period shall constitute grounds for disciplinary action.

   (b) Any person who has obtained a license to conduct a wholesaler,
medical device retailer, or veterinary food-animal drug retailer,
who willfully fails to notify the board of the termination of
employment of any pharmacist or exemptee who takes charge of, or acts
as manager of, the licensee, and who continues to operate the
licensee in the absence of a pharmacist or an exemptee approved for
that location, shall be subject to summary suspension or revocation
of his or her license to conduct a medical device retailer,
veterinary food-animal drug retailer, or wholesaler.
   (c) Any pharmacist or exemptee who takes charge of, or acts as
manager of a wholesaler, medical device retailer, or veterinary
food-animal drug retailer, who terminates his or her employment at
the licensee, shall notify the board within 30 days of the
termination of employment.  Failure to notify the board within the
30-day period shall constitute grounds for disciplinary action.
                                                        SEC. 26.
Section 4331 of the Business and Professions Code is amended to read:

   4331.  (a) Any person who is neither a pharmacist nor an exemptee
and who takes charge of a medical device retailer, wholesaler, or
veterinary food-animal drug retailer or who dispenses a prescription
or furnishes dangerous devices except as otherwise provided in this
chapter is guilty of a misdemeanor.
   (b) Any person who has obtained a license to conduct a medical
device retailer and who fails to place in charge of that medical
device retailer a pharmacist or exemptee, or any person who, by
himself or herself, or by any other person, permits the compounding
or dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.

   (c) Any person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or exemptee, or any
person who, by himself or herself, or by any other person, permits
the dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.

   (d) Any person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the furnishing of dangerous drugs or dangerous
devices, except by a pharmacist or exemptee, or as otherwise provided
in this chapter, is guilty of a misdemeanor.
  SEC. 26.5.  Section 4331 of the Business and Professions Code is
amended to read:
   4331.  (a) Any person who is neither a pharmacist nor an exemptee
and who takes charge of a home medical equipment services provider,
wholesaler, or veterinary food-animal drug retailer or who dispenses
a prescription or furnishes dangerous devices except as otherwise
provided in this chapter is guilty of a misdemeanor.
   (b) Any person who has obtained a license to conduct a home
medical equipment services provider and who fails to place in charge
of that home medical equipment services provider a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the compounding or dispensing of prescriptions,
except by a pharmacist or exemptee, or as otherwise provided in this
chapter, is guilty of a misdemeanor.
   (c) Any person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or exemptee, or any
person who, by himself or herself, or by any other person, permits
the dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.

   (d) Any person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the furnishing of dangerous drugs or dangerous
devices, except by a pharmacist or exemptee, or as otherwise provided
in this chapter, is guilty of a misdemeanor.
  SEC. 27.  Section 4404 of the Business and Professions Code is
amended to read:
   4404.  If any license issued under this chapter is lost or
destroyed, or if any person desires a reissuance of his or her
license, the board may reissue it, subject to Section 4403, upon
application therefor, and the submission of satisfactory proof, if
required by the board, that the license has been lost or destroyed,
or if the license has not been lost or destroyed, upon the surrender
of the old license.
  SEC. 28.  Section 4980 of the Business and Professions Code is
amended to read:
   4980.  (a) Many California families and many individual
Californians are experiencing difficulty and distress, and are in
need of wise, competent, caring, compassionate, and effective
counseling in order to enable them to improve and maintain healthy
family relationships.
   Healthy individuals and healthy families and healthy relationships
are inherently beneficial and crucial to a healthy society, and are
our most precious and valuable natural resource.  Marriage, family,
and child counselors provide a crucial support for the well-being of
the people and the State of California.
   (b) No person may engage in the practice of marriage, family, and
child counseling as defined by Section 4980.02, unless he or she
holds a valid license as a marriage, family, and child counselor, or
unless he or she is specifically exempted from that requirement, nor
may any person advertise himself or herself as performing the
services of a marriage, family, child, domestic, or marital
consultant, or in any way use these or any similar titles, including
the letters "M.F.T." or "M.F.C.C.," or other name, word initial, or
symbol in connection with or following his or her name to imply that
he or she performs these services without a license as provided by
this chapter.  Persons licensed under Article 4 (commencing with
Section 4996) of Chapter 14 of Division 2, or under Chapter 6.6
(commencing with Section 2900) may engage in such practice or
advertise that they practice marriage, family, and child counseling
but may not advertise that they hold the marriage, family, and child
counselor's license.
  SEC. 29.  Section 4980.03 of the Business and Professions Code is
amended to read:
   4980.03.  (a) "Board," as used in this chapter, means the Board of
Behavioral Sciences.
   (b) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board.
   (c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Section 4980.40, that is designed to qualify him or
her for licensure under this chapter, and who has completed no less
than 12 semester units or 18 quarter units of coursework in any
qualifying degree program.
   (d) "Applicant," as used in this chapter, means an unlicensed
person who has completed a masters or doctoral degree program, as
specified in Section 4980.40, and whose application for registration
as an intern is pending, or an unlicensed person who has completed
the requirements for licensure as specified in this chapter, is no
longer registered with the board as an intern, and is currently in
the examination process.
   (e) "Advertise," as used in this chapter, includes, but is not
limited to, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on, or
in, any building or structure, or in any newspaper or magazine or in
any directory, or any printed matter whatsoever, with or without any
limiting qualification.  It also includes business solicitations
communicated by radio or television broadcasting.  Signs within
church buildings or notices in church bulletins mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
  SEC. 30.  Section 4980.43 of the Business and Professions Code is
amended to read:
   4980.43.  (a) For all applicants, a minimum of two calendar years
of supervised experience is required, which experience shall consist
of 3,000 hours obtained over a period of not less than 104 weeks.
Not less than 1,500 hours of experience shall be gained subsequent to
the granting of the qualifying master's or doctor's degree.  For
those applicants who enroll in a qualifying degree program on or
after January 1, 1995, not more than 750 hours of counseling and
direct supervisor contact may be obtained prior to the granting of
the qualifying master's or doctor's degree.  However, this limitation
shall not be interpreted to include professional enrichment
activities.  Except for personal psychotherapy hours gained after
enrollment and commencement of classes in a qualifying degree
program, no hours of experience may be gained prior to becoming a
trainee.  All experience shall be gained within the six years
immediately preceding the date the application for licensure was
filed, except that up to 500 hours of clinical experience gained in
the supervised practicum required by subdivision (b) of Section
4980.40 shall be exempt from this six-year requirement.
   (b) All applicants and registrants shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
marriage, family, and child counseling.  Experience shall be gained
by interns and trainees either as an employee or as a volunteer in
any allowable work setting specified in this chapter.  The
requirements of this chapter regarding gaining hours of experience
and supervision are applicable equally to employees and volunteers.
Experience shall not be gained by interns or trainees as an
independent contractor.
   (c) Supervision shall include at least one hour of direct
supervisor contact for each week of experience claimed.  A trainee
shall receive an average of at least one hour of direct supervisor
contact for every five hours of client contact in each setting.  A
person gaining postdegree experience shall receive an average of at
least one hour of direct supervisor contact for every 10 hours of
client contact in each setting in which experience is gained.  For
purposes of this section, "one hour of direct supervisor contact"
means one hour of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group of not more than eight
persons.  The contact may be counted toward the experience
requirement for licensure, up to the maximum permitted by subdivision
(d).  All experience gained by a trainee shall be monitored by the
supervisor as specified in regulation.  The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours
gained on or after January 1, 1995.
   (d) (1) The experience required by Section 4980.40 shall include
supervised marriage, family, and child counseling, and up to
one-third of the hours may include direct supervisor contact and
other professional enrichment activities.
   (2) "Professional enrichment activities," for the purposes of this
section, may include group, marital or conjoint, family, or
individual psychotherapy received by an applicant.  This
psychotherapy may include up to 100 hours taken subsequent to
enrolling and commencing classes in a qualifying degree program, or
as an intern, and each of those hours shall be triple counted toward
the professional experience requirement.  This psychotherapy shall be
performed by a licensed marriage, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry.
   (e) The experience required by Section 4980.40 may be gained as a
trainee in the following settings:  a governmental entity, a school,
college or university, a nonprofit and charitable corporation, a
licensed health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code, a social rehabilitation
facility or a community treatment facility, as defined in subdivision
(a) of Section 1502 of the Health and Safety Code, a pediatric day
health and respite care facility, as defined in Section 1760.2 of the
Health and Safety Code, or a licensed alcoholism or drug abuse
recovery or treatment facility, as defined in Section 11834.02 of the
Health and Safety Code, if the experience is gained by the trainee
solely as part of the position for which he or she is employed.
   (f) The experience required by Section 4980.40 may be gained as an
intern as specified in subdivision (e), or when employed in a
private practice owned by a licensed marriage, family, and child
counselor, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.  Employment in a
private practice setting shall not commence until the applicant has
been registered as an intern.  When an intern is employed in a
private practice setting by any licensee enumerated in this section,
or by a professional corporation of any of those licensees, the
intern shall be under the direct supervision of a licensee enumerated
in subdivision (f) of Section 4980.40 who shall be employed by and
practice at the same site as the intern's employer.  An intern
employed in a private practice setting shall not pay his or her
employer for supervision.  While an intern may be either a paid
employee or a volunteer, employers are encouraged to provide fair
remuneration.
   (g) All interns shall register with the board in order to be
credited for postdegree hours of experience gained toward licensure,
regardless of the setting where those hours are to be gained.  Except
as provided in subdivision (h), all postdegree hours shall be gained
as a registered intern.
   (h) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's degree
and is thereafter granted the intern registration by the board.
   (i) Trainees and interns shall not receive any remuneration from
patients or clients, and shall only be paid by their employer.
   (j) Trainees and interns shall only perform services at the place
where their employer regularly conducts business, which may include
performing services at other locations, so long as the services are
performed under the direction and control of their employer and
supervisor, and in compliance with the laws and regulations
pertaining to supervision.  Trainees and interns shall have no
proprietary interest in the employer's business.
   (k) An intern or trainee who provides volunteered services or
other services, and who receives no more than a total, from all work
settings, of five hundred dollars ($500) per month as reimbursement
for expenses actually incurred by that intern or trainee for services
rendered in any lawful work setting other than a private practice
shall be considered an employee and not an independent contractor.
The board may audit applicants who receive reimbursement for
expenses, and the applicant shall have the burden of demonstrating
that the payments received were for reimbursement of expenses
actually incurred.
   (l) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate.  Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate.  Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
  SEC. 31.  Section 4980.44 of the Business and Professions Code is
amended to read:
   4980.44.  (a) An unlicensed marriage, family, and child counselor
intern employed under this chapter shall:
   (1) Have earned at least a master's degree as specified in Section
4980.40.
   (2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
   (3) File for renewal of registration annually for a maximum of
five years after initial registration with the board.
   (4) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry and who is described in subdivision (f) of Section
4980.40, whichever is applicable.  Continued employment as an
unlicensed marriage, family, and child counselor intern shall cease
after six years unless the requirements of subdivision (b) are met.
   (b) When no further renewals are possible, either because the
applicant has exhausted the number of renewals available or because
of the repeal of Section 4980.44, as amended by Chapter 1114 of the
Statutes of 1991, an applicant may apply for and obtain new intern
registration status if the applicant meets the educational
requirements for registration in effect at the time of the
application for a new intern registration.  An applicant who is
issued a subsequent intern registration pursuant to this subdivision
may be employed or volunteer in all allowable work settings except in
private practice, and shall fulfill all of the required hours of
experience for licensure within that intern registration period.
Hours of experience fulfilled under a prior intern registration shall
not be used to satisfy licensure requirements.
   (c) This section shall become operative on January 1, 1999.
  SEC. 32.  Section 4980.50 of the Business and Professions Code is
amended to read:
   4980.50.  Every applicant who meets the educational and experience
requirements and applies for a license as a marriage, family, and
child counselor shall be examined by the board.  The examinations
shall be as set forth in subdivision (g) of Section 4980.40.  The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine.  The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
   The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct which would constitute
grounds to deny licensure.
   The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would constitute grounds to deny
licensure.
   When an applicant for examination who has passed the written
examination is the subject of a complaint or is under board
investigation for acts or conduct which, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the oral examination for licensure, but
may withhold the results of the examination or notify the applicant
that licensure will not be granted pending completion of the
investigation.
   Notwithstanding Section 135, the board may deny any applicant who
has previously failed either the written or oral examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant.  Nothing in
this section shall prohibit the board from denying an applicant
admission to any examination, withholding the results, or refusing to
issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Sections
11503 and 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485 of the Business and Professions Code.
   Notwithstanding any other provision of law, the board may destroy
all written and oral examination materials two years following the
date of the examination.
   An applicant who has qualified pursuant to this chapter shall be
issued a license as a marriage, family, and child counselor in the
form that the board may deem appropriate.
  SEC. 33.  Section 4980.80 of the Business and Professions Code is
amended to read:
   4980.80.  The board may issue a license to any person who, at the
time of application, has held for at least two years a valid license
issued by a board of marriage counselor examiners, marriage therapist
examiners, or corresponding authority of any state, if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
written and oral licensing examinations administered in this state
and pays the fees specified.  Issuance of the license is further
conditioned upon the person's completion of the following coursework
or training:
   (a) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
which shall include areas of study as specified in Section 4980.41.
   (b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
   (c) A minimum of 10 contact hours of training or coursework in
human sexuality, as specified in Section 25, and any regulations
promulgated thereunder.
   (d) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
   (e) Instruction in spousal or partner abuse assessment, detection,
and intervention.  This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
   (f) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing.  This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (g) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (h) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharamacology, the board may accept training or coursework
acquired out of state.
  SEC. 34.  Section 4980.90 of the Business and Professions Code is
amended to read:
   4980.90.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter provided that the
applicant has gained a minimum of 250 hours of supervised experience
in direct counseling within California while registered as an intern
with the board.
   (b) Education gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to the education requirements of this chapter, provided that the
applicant has completed all of the following:
   (1) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
which shall include areas of study as specified in Section 4980.41.
   (2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
   (3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25, and any regulations promulgated
thereunder.
   (4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
   (5) Instruction in spousal or partner abuse assessment, detection,
and intervention.  This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
   (6) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing.  This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (7) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharamacology, the board may accept training or coursework
acquired out of state.
   (c) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant has been granted a degree in a single integrated program
primarily designed to train marriage, family, and child counselors
and if the applicant's education meets the requirements of Sections
4980.37 and 4980.40 provided, however, that the degree title and
number of units in the degree program need not be identical to those
required by subdivision (a) of Section 4980.40.  Where the applicant'
s degree does not contain the number of units required by subdivision
(a) of Section 4980.40, the board may, in its discretion, accept the
applicant's education as substantially equivalent if the applicant's
degree otherwise complies with this section and the applicant
completes the units required by subdivision (a) of Section 4980.40.

  SEC. 35.  Section 4984 of the Business and Professions Code is
amended to read:
   4984.  (a) Licenses issued under this chapter shall expire no more
than 24 months after the issue date.  The expiration date of the
original license shall be set by the board.
   (b) To renew an unexpired license, the licensee, on or before the
expiration date of the license, shall do all of the following:
   (1) Apply for a renewal on a form prescribed by the board.
   (2) Pay a two-year renewal fee prescribed by the board.
              (3) Certify compliance with the continuing education
requirements set forth in Section 4980.54.
   (4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
  SEC. 36.  Section 4986.10 of the Business and Professions Code is
amended to read:
   4986.10.  (a) A licensed educational psychologist shall be
authorized to perform any of the following professional functions
pertaining to academic learning processes or the educational system
or both:
   (1) Educational evaluation, diagnosis, and test interpretation
limited to assessment of academic ability, learning patterns,
achievement, motivation, and personality factors directly related to
academic learning problems.
   (2) Counseling services for children or adults for amelioration of
academic learning problems.
   (3) Educational consultation, research, and direct educational
services.
   (b) It is unlawful for any person to engage in the practice of
educational psychology unless he or she holds a valid, unexpired, and
unrevoked license under this article.
  SEC. 37.  Section 4986.20 of the Business and Professions Code is
amended to read:
   4986.20.  A person who desires a license under this article shall
meet all of the following qualifications:
   (a) He or she shall possess at least a master's degree in
psychology, educational psychology, school psychology, or counseling
and guidance, or a degree deemed equivalent by the board under
regulations duly adopted under this article.  Such degree or training
shall be obtained from educational institutions approved by the
board according to the regulations duly adopted under this article.
   (b) He or she shall be at least 18 years of age.
   (c) He or she shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480.  The board shall
not issue a registration or license to any person who has been
convicted of any crime in the United States that involves sexual
abuse of children or who has been ordered to register as a mentally
disordered sex offender or the equivalent in another state or
territory.
   (d) He or she shall have successfully completed 60 semester hours
of postgraduate work devoted to pupil personnel services or have
experience deemed equivalent by the board in regulations duly adopted
under this chapter.
   (e) He or she shall furnish proof of three years of full-time
experience as a credentialed school psychologist in the public
schools or experience which the board deems equivalent.  If the
applicant provides proof of having completed one year's internship
working full time as a school psychologist intern in the public
schools in an accredited internship program, one year's experience
shall be credited toward this requirement.
   (f) He or she shall be examined by the board with respect to the
professional functions authorized by this article.
   (g) He or she shall have at least one year of supervised
professional experience in an accredited school psychology program,
or under the direction of a licensed psychologist, or such suitable
alternative experience as determined by the board in regulations duly
adopted under this chapter.
  SEC. 38.  Section 4986.21 is added to the Business and Professions
Code, to read:
   4986.21.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.  Every applicant who is issued a license as an
educational psychologist shall be examined by the board.
   (b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
  SEC. 39.  Section 4986.42 is added to the Business and Professions
Code, to read:
   4986.42.  (a) Licenses issued under this chapter shall expire no
later than 24 months after the issue date.  The expiration date of
the original license shall be set by the board.
   (b) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, do the following:
   (1) Apply for a renewal on a form prescribed by the board.
   (2) Pay a two-year renewal fee prescribed by the board.
   (3) Notify the board of whether he or she has been convicted, as
defined in Section 490, of any misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
  SEC. 40.  Section 4986.43 is added to the Business and Professions
Code, to read:
   4986.43.  A license that has expired may be renewed at any time
within five years after its expiration on filing an application for
renewal on a form prescribed by the board and payment of the renewal
fee in effect on the last regular renewal date.  If the license is
renewed after its expiration, the licensee shall, prior to renewal,
pay the delinquency fee prescribed by this chapter.
  SEC. 41.  Section 4986.44 is added to the Business and Professions
Code, to read:
   4986.44.  A suspended license is subject to expiration and shall
be renewed as provided in this article.  A person with a suspended
license shall not, until the reinstatement of his or her license,
engage in any activity to which the license relates, or any other
activity or conduct in violation of the order or judgment by which
the license was suspended.
  SEC. 42.  Section 4986.45 is added to the Business and Professions
Code, to read:
   4986.45.  A revoked license is subject to expiration as provided
in this article and shall not be renewed.  Upon reinstatement of a
license after its expiration, a licensee shall, prior to
reinstatement, pay a reinstatement fee in an amount equal to the
renewal fee in effect on the last regular renewal date before the
date on which it is reinstated and any delinquency fee which may have
accrued.
  SEC. 43.  Section 4986.46 is added to the Business and Professions
Code, to read:
   4986.46.  A license that is not renewed within five years after
its expiration may not be renewed, restored, reinstated, or reissued
thereafter.  A licensee may apply for and obtain a new license if he
or she satisfies the following:
   (a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
   (b) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
   (c) He or she takes and passes the current licensing examination.

  SEC. 44.  Section 4986.47 is added to the Business and Professions
Code, to read:
   4986.47.  A licensee or registrant shall give written notice to
the board of a name change within 30 days after each change,
providing both the old and new names.  A copy of the legal document
affecting the name change, such as a court order or marriage
certificate, shall be submitted with the notice.
  SEC. 45.  Section 4986.60 of the Business and Professions Code is
repealed.
  SEC. 46.  Section 4986.70 of the Business and Professions Code is
amended to read:
   4986.70.  The board may refuse to issue a license, or may suspend
or revoke the license of any licensee if he or she has been guilty of
unprofessional conduct which has endangered or is likely to endanger
the health, welfare, or safety of the public.  Unprofessional
conduct includes, but is not limited to, the following:
   (a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist,
the record of conviction being conclusive evidence thereof.
   (b) Securing a license by fraud or deceit.
   (c) Using any narcotic as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code or any hypnotic drug or
alcoholic beverage to an extent or in a manner dangerous to himself
or herself, or to any other person, or to the public and to an extent
that such action impairs his or her ability to perform his or her
work as a licensed educational psychologist with safety to the
public.
   (d) Improper advertising.
   (e) Violating or conspiring to violate the terms of this article.

   (f) Committing a dishonest or fraudulent act as a licensed
educational psychologist resulting in substantial injury to another.

   (g) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art, shall constitute
unprofessional conduct.  A certified copy of the disciplinary action,
decision, or judgment shall be conclusive evidence of that action.
   (h) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage, family and child counselor shall
constitute grounds for disciplinary action for unprofessional conduct
against the licensee or registrant under this chapter.
   (i) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (j) Gross negligence or incompetence in the performance of
licensed educational psychology.
  SEC. 47.  Section 4992.1 of the Business and Professions Code is
amended to read:
   4992.1.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
   Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
  SEC. 48.  Section 4996.6 of the Business and Professions Code is
amended to read:
   4996.6.  (a) The renewal fee for licenses that expire on or after
January 1, 1996, shall be a maximum of one hundred fifty-five dollars
($155) and shall be collected on a biennial basis by the board in
accordance with Section 152.6.  The fees shall be deposited in the
State Treasury to the credit of the Behavioral Sciences Fund.
   (b) Licenses issued under this chapter shall expire no more than
24 months after the issue date.  The expiration date of the original
license shall be set by the board.
   (c) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, do the following:
   (1) Apply for a renewal on a form prescribed by the board.
   (2) Pay a two-year renewal fee prescribed by the board.
   (3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
   (4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
   (d) If the license is renewed after its expiration, the licensee
shall, as a condition precedent to renewal, also pay a delinquency
fee of seventy-five dollars ($75).
   (e) Any person who permits his or her license to become delinquent
may have it restored at any time within five years after its
expiration upon the payment of all fees that he or she would have
paid if the license had not become delinquent, plus the payment of
all delinquency fees.
   (f) A license that is not renewed within five years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter, however the licensee may apply for and obtain a new
license if:
   (1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
   (2) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
   (3) He or she takes and passes the current licensing examinations.

   (g) The fee for issuance of any replacement registration, license,
or certificate shall be twenty dollars ($20).
   (h) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
  SEC. 49.  Section 4996.17 of the Business and Professions Code is
amended to read:
   4996.17.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.  The board may issue
a license to any person who, at the time of application, has held a
valid license, issued by a board of clinical social work examiners or
corresponding authority of any state, for two years if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
written and oral licensing examinations administered in this state
and pays the required fees.  Issuance of the license is conditioned
upon the person's completion of the following coursework and
training:
   (1) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
   (2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
   (3) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
   (4) Instruction in spousal or partner abuse assessment, detection,
and intervention.  This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
   (5) With respect to paragraphs (2), (3), and (4), the board may
accept training or coursework acquired out of state.
   (b) A person who qualifies for licensure based on experience
gained outside California may apply for and receive an associate
registration to practice clinical social work.
  SEC. 50.  Section 4996.18 of the Business and Professions Code is
amended to read:
   4996.18.  (a) Any person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board and
shall be accompanied by a fee of ninety dollars ($90).  An applicant
for registration shall (1) possess a master's degree from an
accredited school or department of social work, and (2) not have
committed any crimes or acts constituting grounds for denial of
licensure under Section 480.  On and after January 1, 1993, an
applicant who possesses a master's degree from a school or department
of social work that is a candidate for accreditation by the
Commission on Accreditation of the Council on Social Work Education
shall be eligible, and shall be required, to register as an associate
clinical social worker in order to gain experience toward licensure
if the applicant has not committed any crimes or acts that constitute
grounds for denial of licensure under Section 480.  That applicant
shall not, however, be eligible for examination until the school or
department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.

   (b) Registration as an associate clinical social worker shall
expire one year from the last day of the month during which it was
issued.  A registration may be renewed annually after initial
registration by filing an application for renewal and paying a
renewal fee of seventy-five dollars ($75) on or before the date on
which the registration expires.  Each person who registers or has
registered as an associate clinical social worker, may retain that
status for a total of six years.
   (c) Notwithstanding the limitations on the length of an associate
registration in subdivision (b), an associate may apply for, and the
board shall grant, one-year extensions beyond the six-year period
when no grounds exist for denial, suspension, or revocation of the
registration pursuant to Section 480.  An associate shall be eligible
to receive a maximum of three one-year extensions.  An associate who
practices pursuant to an extension shall not practice independently
and shall comply with all requirements of this chapter governing
experience, including supervision, even if the associate has
completed the hours of experience required for licensure.  Each
extension shall commence on the date when the last associate renewal
or extension expires.  An application for extension shall be made on
a form prescribed by the board and shall be accompanied by a renewal
fee of fifty dollars ($50).  An associate who is granted this
extension may work in all work settings authorized pursuant to this
chapter.
   (d) Experience gained before January 1, 1990, shall be credited
toward the licensure requirements so long as the applicant applies
for registration not later than December 31, 1989, and that
registration is thereafter granted by the board.
   (e) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an employee
of the licensed person by whom the registrant is being supervised.
   (f) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
   (g) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience.  Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
   (h) An applicant who possesses a master's degree from an approved
school or department of social work shall be able to apply experience
the applicant obtained during the time the approved school or
department was in candidacy status by the Commission on Accreditation
of the Council on Social Work Education toward the licensure
requirements, if the experience meets the requirements of Section
4996.20 or 4996.21.  This subdivision shall apply retroactively to
persons who possess a master's degree from an approved school or
department of social work and who obtained experience during the time
the approved school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.

   (i) The board shall report to the Legislature on or before October
1, 1999, concerning its efforts to identify educational issues that
relate to licensure.
  SEC. 51.  Section 13401 of the Corporations Code is amended to
read:
   13401.  As used in this part:
   (a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
   (b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute.  However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California or any examining committee under the
jurisdiction of the board, the Osteopathic Medical Board of
California, the Dental Board of California, the California State
Board of Pharmacy, the Veterinary Medical Board, the California
Architects Board, the Court Reporters Board of California, the Board
of Behavioral Sciences, or the Board of Registered Nursing shall not
be required to obtain a certificate of registration in order to
render those professional services.
   (c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
   (d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she is
or intends to become, an officer, director, shareholder, or
employee.
   (e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.

  SEC. 52.  Section 12529 of the Government Code is amended to read:

   12529.  (a) There is in the Department of Justice the Health
Quality Enforcement Section.  The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California including
all committees under the jurisdiction of the board or a division of
the board, including the Board of Podiatric Medicine, and the Board
of Psychology, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12529.5.
   (b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section.  The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
   (c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
   (d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, and the committees under
the jurisdiction of the Medical Board of California or a division of
the board, and the Board of Psychology, with the intent that the
expenses be proportionally shared as to services rendered.
  SEC. 53.  Section 20.5 of this bill incorporates amendments to
Section 2960 of the Business and Professions Code proposed by both
this bill and AB 1144.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 2960 of the Business and Professions
Code, and (3) this bill is enacted after AB 1144, in which case
Section 20 of this bill shall not become operative.
  SEC. 54.  Section 26.5 of this bill incorporates amendments to
Section 4331 of the Business and Professions Code proposed by both
this bill and AB 1496.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 4331 of the Business and Professions
Code, and (3) this bill is enacted after AB 1496, in which case
Section 26 of this bill shall not become operative.
  SEC. 55.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
